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Colorado Statutes, Title 13

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Title 13, Courts and Court Procedure

0 chapters · 1,240 sections in this title.

All chapters in Title 131,240 Ch 21121 Ch 167 Ch 2267 Ch 655 Ch 7148 Ch 547 Ch 2046 Ch 9342 Ch 2541 Ch 1031 Ch 4029 Ch 6429 Ch 9029 Ch 227

1,240 sections·Filtered byTitle 13✕

Colo. Rev. Stat. § 13-64-205 Determination of judgment to be entered
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(1) In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this part 2, the court shall proceed as follows: (a) The court shall apply to the findings of past and future damages any applicable rules of law, including setoffs, …
Colo. Rev. Stat. § 13-64-206 Periodic installment obligations
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(1) A judgment for periodic payments under this part 2 shall provide that: (a) Such periodic payments are fixed and determinable as to amount and time of payment; (b) Such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments…
Colo. Rev. Stat. § 13-64-207 Form of funding
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(1) A judgment for periodic payments entered in accordance with this part 2 shall provide for payments to be funded in one or more of the following forms approved by the court: (a) Annuity contract issued by a company licensed to do business as an insurance company under the laws…
Colo. Rev. Stat. § 13-64-208 Funding the obligation

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(1) If the court enters a judgment for periodic payments under this part 2, then each party liable for all or a portion of the judgment, unless found to be incapable of doing so, shall separately or jointly with one or more others provide the funding for the periodic payments in …

Colo. Rev. Stat. § 13-64-209 Assignment of periodic payments

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(1) An assignment by a judgment creditor or an agreement by such person to assign any right to receive periodic payments for future damages contained in a judgment entered under this part 2 is enforceable only as to amounts: (a) To secure payment of alimony, maintenance, or child…

Colo. Rev. Stat. § 13-64-210 Exemption of benefits

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Except as provided in section 13-64-209, periodic payments for future damages contained in a judgment entered under this part 2 for loss of earnings are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt.…

Colo. Rev. Stat. § 13-64-211 Settlement agreements and consent judgments

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Nothing in this part 2 is to be construed to limit or affect the settlement of actions triable under this part 2 nor shall it apply to the settlement of actions except as otherwise agreed to by the parties. Parties to an action on a claim for personal injury may, but are not requ…

Colo. Rev. Stat. § 13-64-212 Satisfaction of judgment

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Upon entry of an order by the court that the form of funding complies with section 13-64-207 and that the funding of the obligation complies with section 13-64-208, the court shall order a satisfaction of judgment and discharge of the judgment debtor. Source: L. 88: Entire articl…

Colo. Rev. Stat. § 13-64-213 Effective date - applicability of part

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This part 2 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.

Colo. Rev. Stat. § 13-64-301 Financial responsibility

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(1) As a condition of active licensure or authority to practice in this state, every physician, dentist, dental therapist, or dental hygienist; every physician assistant; and every health-care institution as defined in section 13-64-202, except as provided in section 13-64-303.5,…

Colo. Rev. Stat. § 13-64-302 Limitation of liability - interest on damages - definition

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(1) (a) As used in this section: (I) "Derivative noneconomic loss or injury" means noneconomic loss or injury to persons other than the person suffering the direct or primary loss or injury. "Derivative noneconomic loss or injury" does not include punitive or exemplary damages. (…

Colo. Rev. Stat. § 13-64-302.5 Exemplary damages - legislative declaration - limitations - distribution of damages collected

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(1) The general assembly hereby finds, determines, and declares that it is in the public interest to establish a consistent and uniformly applicable standard for the determination, amount, imposition, and distribution of exemplary monetary damages arising from civil actions and a…

Colo. Rev. Stat. § 13-64-303 Judgments and settlements - reported - penalties

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Any final judgment, settlement, or arbitration award against any health-care professional or health-care institution for medical malpractice shall be reported within fourteen days by the professional's or institution's medical malpractice insurance carrier in accordance with sect…

Colo. Rev. Stat. § 13-64-303.5 Exclusion - mental health-care facilities

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The provisions of section 13-64-301 do not apply to any outpatient mental health-care facility, including a behavioral health safety net provider, and to any extended care facility or hospice with sixteen or fewer inpatient beds, including to nursing homes or rehabilitation facil…

Colo. Rev. Stat. § 13-64-304 Effective date - applicability of part

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This part 3 shall take effect January 1, 1989, and shall apply to acts or omissions occurring on or after said date and to licenses, certification, or other authority granted on or after said date. Source: L. 88: Entire article added, p. 620, § 1, effective July 1.

Colo. Rev. Stat. § 13-64-401 Qualifications as expert witness in medical malpractice actions or proceedings

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No person shall be qualified to testify as an expert witness concerning issues of negligence in any medical malpractice action or proceeding against a physician unless he not only is a licensed physician but can demonstrate by competent evidence that, as a result of training, edu…

Colo. Rev. Stat. § 13-64-402 Collateral source evidence

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(1) In any action in a court or arbitration proceeding for personal injury against a health-care provider for professional negligence, the plaintiff shall, within sixty days after the commencement thereof, serve written notice thereof to the third party payer or provider of any a…

Colo. Rev. Stat. § 13-64-402.5 Evidence relating to legally protected health-care activity - legislative declaration

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(1) It is the general assembly's intent to protect persons from liability in Colorado courts for taking actions specified in section 12-30-121, personally or professionally, that are not subject to discipline by a regulator pursuant to section 12-30-121. (2) In any medical malpra…

Colo. Rev. Stat. § 13-64-403 Agreement for medical services - alternative arbitration procedures - form of agreement - right to rescind

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(1) It is the intent of the general assembly that an arbitration agreement be a voluntary agreement between a patient and a health-care provider and no medical malpractice insurer shall require a health-care provider to utilize arbitration agreements as a condition of providing m…

Colo. Rev. Stat. § 13-64-404 Effective date - applicability of part

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This part 4 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date and shall apply to agreements for medical services containing a binding arbitration provision on or after said date. Source: L. 88: Entire article added, p. 623, § 1, …

Colo. Rev. Stat. § 13-64-501 Definitions

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As used in this part 5, unless the context otherwise requires: (1) "Health-care institution" means any licensed or certified hospital, health-care facility, dispensary, or other institution for the treatment or care of the sick or injured. (2) "Health-care professional" means any…

Colo. Rev. Stat. § 13-64-502 Limitation on actions

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(1) No claimant, including an infant or his personal representative, parents, or next of kin, may recover for any damage or injury arising from genetic counseling and screening and prenatal care, or arising from or during the course of labor, delivery, or the period of postnatal …

Colo. Rev. Stat. § 13-64-503 Effective date - applicability of part

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This part 5 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 623, § 1, effective July 1.

Colo. Rev. Stat. § 13-65-101 Definitions

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As used in this article 65, unless the context otherwise requires: (1) (a) "Actual innocence" means a finding by clear and convincing evidence by a district court pursuant to section 13-65-102 that a person is actually innocent of a crime such that: (I) His or her conviction was …

Colo. Rev. Stat. § 13-65-102 Process for petitioning for compensation - eligibility to petition - actual innocence required - jurisdiction

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(1) (a) Notwithstanding the provisions of article 10 of title 24, C.R.S., a person who has been convicted of a felony in this state and sentenced to a term of incarceration as a result of that conviction and has served all or part of such sentence, or an immediate family member o…

Colo. Rev. Stat. § 13-65-103 Compensation for certain exonerated persons - monetary compensation - financial literacy training - penalty for lack of a qualified health plan - expungement of records - damages awarded in civil actions

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(1) Except as otherwise provided in this article, a district court shall direct the state court administrator to compensate an exonerated person, or an immediate family member of an exonerated person, who is determined by a district court pursuant to section 13-65-102 to be actua…

Colo. Rev. Stat. § 13-71-101 Short title

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This article shall be known and may be cited as the "Colorado Uniform Jury Selection and Service Act". Source: L. 89: Entire article R&RE, p. 765, § 1, effective January 1, 1990.

Colo. Rev. Stat. § 13-71-102 Definitions

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As used in this article, unless the context otherwise requires: (1) "Clerk" and "clerk of the court" include any deputy clerk or the jury commissioner. (2) "Court" means a district or county court of this state and includes any judge of the court. (2.5) "Juror service" means the …

Colo. Rev. Stat. § 13-71-103 Number of trial jurors

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A jury in civil cases shall consist of six persons, unless the parties agree to a smaller number, which shall be not less than three. Source: L. 89: Entire article R&RE, p. 766, § 1, effective January 1, 1990.

Colo. Rev. Stat. § 13-71-104 Eligibility for juror service - prohibition of discrimination

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(1) Juror service is a duty that every qualified person has an obligation to perform when selected. (2) All trial and grand jurors shall be selected at random from a fair cross section of the population of the area served by the court. All selected and summoned jurors shall serve…

Colo. Rev. Stat. § 13-71-105 Qualifications for juror service

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(1) Any person who is a United States citizen and resides in a county or lives in such county more than fifty percent of the time, whether or not registered to vote, shall be qualified to serve as a trial or grand juror in such county. Citizenship and residency status on the date…

Colo. Rev. Stat. § 13-71-106 Jury commissioners

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The chief judge of each judicial district shall appoint a jury commissioner for each county within that judicial district. Each jury commissioner shall be compensated as determined by the supreme court pursuant to section 13-3-105, but no court employee who serves as a jury commi…

Colo. Rev. Stat. § 13-71-107 Master juror list

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(1) Each year, the state court administrator shall obtain from the secretary of state a voter registration list for each county in the state. The state court administrator shall also obtain licensed driver lists from the department of revenue, and, where available, the department…

Colo. Rev. Stat. § 13-71-108 Master juror wheel

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(1) The state court administrator shall use an electronic automated system to compile and maintain a master juror wheel. The wheel shall consist of names, addresses, dates of birth, identifying numbers, and jury histories for prospective jurors taken from the master juror list. E…

Colo. Rev. Stat. § 13-71-109 Random selection from master juror list

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If all prospective jurors on the master juror list are not needed, selection of the names or identifying numbers of prospective jurors to be placed on the master juror wheel shall be by a random selection method which ensures equal probability of selection. Source: L. 89: Entire …

Colo. Rev. Stat. § 13-71-110 Juror selection and summoning

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A jury commissioner shall specify the number of trial jurors needed for each day's juror pool or for selection of a grand jury within that commissioner's county. The state court administrator shall then randomly select the specified number of jurors required from the master juror…

Colo. Rev. Stat. § 13-71-111 Contents of juror summons

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(1) The juror summons shall state: Whether the anticipated service is that of a trial or grand juror; the beginning date of the juror service; the name, address, hour, and room number, if any, of the courthouse or office to which the juror shall report on the first day of service…

Colo. Rev. Stat. § 13-71-112 Emergency summonses

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In order to meet emergency needs of the court, the state court administrator or a jury commissioner, by any means of notice including notice by telephone, may summon additional trial or grand jurors to appear for juror service at a time certain and shall inform the juror at which…

Colo. Rev. Stat. § 13-71-113 Modification of juror service

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In order to meet the urgent needs of the court, a jury commissioner may modify the date, location, or other condition of trial or grand juror service and may notify the prospective juror of the modification by telephone or other appropriate means. Source: L. 89: Entire article R&…

Colo. Rev. Stat. § 13-71-114 Cancellation of juror service

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Whenever it appears that the number of jurors scheduled to appear is in excess of the number needed, a jury commissioner may cancel the trial or grand juror service of a prospective juror and may notify the juror by telephone or other appropriate means. Any juror whose service ha…

Colo. Rev. Stat. § 13-71-115 Juror questionnaires

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(1) On or before the first day of the term of trial or grand juror service, each juror shall be given a juror questionnaire requesting the following information about the juror: Name, sex, date of birth, age, residence, and marital status; the number and ages of children; educati…

Colo. Rev. Stat. § 13-71-116 Trial juror's right to one postponement - definition

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(1) A trial juror shall have the right to one postponement of the term of juror service. The postponement must not last more than six months, but may extend into the next calendar year; except that, if a trial juror is a Colorado resident and a student enrolled in an institution …

Colo. Rev. Stat. § 13-71-116.5 Postponement related to co-employee jury service

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Upon notice by an employee, a jury commissioner shall postpone and reschedule the service of a summoned juror who is regularly employed by an employer with five or fewer full-time employees or their equivalent if, during the same period, another employee of the employer has been …

Colo. Rev. Stat. § 13-71-117 Assignment of courthouse location

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Every trial and grand juror shall be notified on the summons, or otherwise, to perform juror service at a designated court location within each county. The jury commissioner or the court may permit a juror to serve at a different courthouse location within the county upon a findi…

Colo. Rev. Stat. § 13-71-118 Telephone notice

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The jury commissioner or the court may permit a trial or grand juror to be available for juror service or continued juror service upon telephone notice. Such a juror shall provide the court with a telephone number at which the juror may be reached, with certainty, and shall agree…

Colo. Rev. Stat. § 13-71-119 Deferments and excuses - limitations

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(1) It shall be the policy of this article that every trial juror shall be prepared to serve three trial days except as otherwise provided in this section or in section 13-71-104, 13-71-105, or 13-71-119.5. (2) The court or the jury commissioner may defer or advance the term of s…

Colo. Rev. Stat. § 13-71-119.5 Persons entitled to be excused from jury service

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(1) The general assembly finds and declares that it is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state unless excused in accordance with the provisions of this article. (2) (a) (I) A person shall…

Colo. Rev. Stat. § 13-71-120 Length of juror service

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Trial juror service shall be for a one-day term unless a juror is assigned to or impaneled on an incompleted trial when the one-day term ends, or unless the court orders otherwise. Nothing shall prevent a trial juror from serving on more than one jury or participating in more tha…

Colo. Rev. Stat. § 13-71-121 Extended trials

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Before a jury is impaneled, the court shall inform the jurors if a trial is expected to last more than three trial days and may excuse a juror from performing juror service in that trial upon a finding of hardship or inconvenience, taking into account the expected length of the t…

Colo. Rev. Stat. § 13-71-122 Failure to appear - delinquency notice

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The jury commissioner may send a delinquency notice by certified or first-class mail to any trial or grand juror who has failed to appear for juror service. The purposes of delinquency notices shall be only to notify the jurors of their delinquent status and to rectify the proble…